Child support


#1

ex husband bought a home in 2006 (while separated and without a free trader agreement from me) and used as a down payment marital money… At that time he could afford the mortgages on the marital home which I live with the children and his new house. HI new mortgage actually exceeds that mortgage on the marital home.

He salary is now lower by 1/3 and the judge ruled he lowered it in bad faith so he had no changes on his support obligations. He says he now cannot pay the mortgage on the marital home (although court ordered) as his bills exceed his income.

In essence, he cannot pay support obligations as ordered by the judge because his bills (essentially his new mortgage) is high and he says he cannot sell the home (which is true, I suppose)

But since he bought the home using marital funds and bought it while separated (actually only 2 weeks after he separated) could the judge rule that he be made to foreclose if he cannot borrow the money or otherwise find the money to pay his support obligations - esp since he lowered his income in bad faith.

If he continues to not pay the mortgage on the marital home I will be forced to foreclose as my income cannot pay the bill either. Something or someone has to give.


#2

If he is not making support payments as required you must file a motion for contempt. A judge will not force him to sell his house, or dictate where the funds are to come from, but can have him put in jail until he complies with the order. Indirectly this could force his home to go into foreclosure as I am assuming he would rather loose his house than sit in jail.